A construction firm has been fined after a worker was left seriously injured when his leg became trapped by an excavation trench.

Paul Fennelly, who was 45 at the time of the accident, was working for Galliford Try Infrastructure Ltd, trading as Morrison Construction, at a site near Duffus, Moray, when the incident occurred on 1 July 2011.

Mr Fennelly had been told the water supply had been turned off on site and he started cutting a section of cast iron water pipe within a 1.3 metre deep excavation trench. There was a sudden gush of water from the pipe and when he moved to the other side of the pipe, part of the trench collapsed trapping his right leg against the pipe and covering it with clay. His workers had to dig him out and he was taken to hospital. He was not able to return to work for 11 months, but had to take alternative employment. He is currently not working due to problems associated with the accident, Elgin Sheriff Court heard on Thursday (3 July).


An investigation by the Health and Safety Executive (HSE) found that Galliford Try Infrastructure Ltd had identified the risks involved in excavation work and implemented daily excavation inspections and training in excavation work. However, not enough consideration had been given by the company to the potential effect of a sudden flow of water to the stability of the excavation.

The company was fined £3,000 after pleading guilty to breaching Regulation 31(1)(a) of the Construction (Design and Management) Regulations 2007.

(JP/IT)